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10-17-05 PCOTSEGO PLANNING COMMISSION MEETING October 17, 2005 7 PM OTSEGO CITY HALL 1. Chair Nichols will call the meeting to order. Chair Nichols called the meeting to order at 7:00 pm. Roll Call: Chair Richard Nichols, Commission Members: Pam Black, David Thompson, Doug Hackman, Tammie Fallon, Tom Darkenwald, John Thelen. Excused absence: Troy Watring, Jim Kolles stepped down due to conflict of interest. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Karee Rowell, Deputy Clerk; Dan Licht, City Planner and Laurie Shives, Associate Planner. Council: Mayor Larry Fournier, Councilmembers Vern Heidner, Mark Thorsted and Jessica Stockamp. 2. Consider the following minutes. 2.1. Planning Commission Meeting of September 19, 2005. Commissioner Hackman motioned to approve the minutes. Seconded by Commissioner Black. Abstained: Comissioners Darkenwald and Fallon (were not in attendance). Motion carried. 3. Planning Items: 3.1. Public Hearing for Arbor Creek 4th Addition: a. Zoning Map Amendment rezoning property from A-1 District to R-6 District. b. Preliminary plat entitled "Arbor Creek 4th Addition" consisting of 15 single family lots and public right -of- way. With the landscape added. c. Vacation of a portion of the existing public right-of-way for 78th Street within the plat of Arbor Creek. Laurie Shives presented the Planner's Report. Applicant John Jackels stated no objections to the conditions. Chair Nichols opened the Public Hearing at 7:10 PM. Chair Nichols stated the landscape plan should be added as one of the conditions. Dan Licht agreed. Floyd Goenner, 8013 Nashua Avenue NE, asked if there is a time limit for the feedlot restriction. Chair Nichols replied no. Hearing no other comments, Chair Nichols closed the Public Hearing at 7:14 PM. Planning Commission Meeting of October 17, 2005. page 2. Commissioner Black motioned to approve a Zoning Map amendment rezoning the subject site from A-1 District to R-6 District based on a finding that the request is consistent with the Comprehensive Plan. Seconded by Commission Fallon. All in favor. Motion carried. Commissioner Black motioned to approve the Arbor Creek 4th Addition Preliminary Plat, subject to the seven conditions which includes the landscape plan. Seconded by Commissioner Hackman. All in favor. Motion carried. Commissioner Fallon motioned to approve the vacation of a portion of the existing 78th Street right-of-way subject to the approval of the City Engineer. Seconded by Commissioner Black. All in favor. Motion carried. 3.2. Public Hearing for Otsego Auto Sales: a. Amendment of an existing Planned Unit Development - Conditional Use Permit to allow secondary outdoor automobile sales and outdoor automobile storage. Laurie Shives presented the Planner's Report. Applicant Phil Collins, Collins Brothers Towing Inc. wanted to know if the whole area needed to be fenced in. Commissioner Nichols asked if the two highlighted areas need to be fenced. Dan Licht stated the two areas would not need to be fenced, but the area for storage would need an opaque fence. Chair Nichols opened the Public Hearing at 7:23 PM. Tom Indykiewicz, 16532 59th Street NE, asked what the hours of operation will be. Jenny Indykiewicz, 16532 59th Street NE, is concerned the business will cause theft by bringing more people into the area and asked if there will be more patrolling. Dan Licht said they will pass the information on to the Sheriff's office. Jason Apps, 5536 Perry Avenue N., Crystal, MN, said the two highlighted areas will be for new car trades. It is a consignment lot and will be open from 11:00 am to 7:00 pm Monday through Saturday. Commissioner Hackman asked how many vehicles will there be in the sales lot. Mr. Apps stated up to 40 vehicles, but probably around 30. Commissioner Hackman asked how many vehicles will be in the impound lot. Mr. Collins said about 20 a day and the owners will have to pick them up during regular business hours which are 8:00 AM -5:00 PM for the Collision Center. Hearing no other comments, Chair Nichols closed the Public Hearing at 7:34 PM. Commissioner Hackman asked what the issue was with the fence. Dan Licht said they were supposed to upgrade the fence and enforcement has been an issue with the past owner. Commissioner Black asked on item 5 of the Staff Report the height of the fence. Dan Licht stated it could be 8 feet high. Planning Commission meeting on October 17, 2005. Page 3. Commissioner Thelen asked if a chain fence would be okay. Dan Licht said it can not be a chain fence but has to be an opaque fence. Commissioner Black motioned to approve a PUD -CUP allowing an accessory impound lot and an auto sales area on property located at 16401 60th Street, subject to the seven conditions with the correction in Item 5. Strike taller and add make it a 8 foot opaque fence. Seconded by Commissioner Thelen. All in favor. Motion carried. 3.3. Featherwind Farms Dan Licht presented the Planner's Report. Mike Gair described Featherwind Farms. Councilmember Heidner explained why the City Council sent this back to the Planning Commission. Lucinda Gardner, Bryan Johnson and Mike Gair were present if there were any questions. Chair Nichols asked about the exception lot. Dan Licht said Chris Bulow owns that triangle piece of land. There was some concern about Plum Creek area on how deep and long the lots are. Chair Nichols asked about the concrete curb. Dan Licht said the engineering recommended to have curb and gutter. Mike Gair said they wanted a rural look without curb and gutter. Commissioner Fallon asked about the main entrance; will it be wide enough not to drive onto the curb. Mike Gair said they will have it wide enough. Commissioner Black motioned to approve a Zoning Map amendment rezoning the subject site from A-1 District to R -C District based on a finding that the request is consistent with the Comprehensive plan. Seconded by Commissioner Hackman. All in favor. Motion carried. Commissioner Hackman motioned to approve the preliminary plat and PUD -CUP for Featherwind Farms, subject to the following twelve conditions by adding number twelve stating without curb. Seconded by Commissioner Fallon. All in favor. Motion carried. 3.4. Discussion of chickens in residential areas. Laurie Shives presented the Planner's Report. Chair Nichols commented on the way the Ordinance is written. Change the word chicken to fowl and does that include pigeons? Commissioner Hackman questioned the price of $200.00 for a permit and wondered how long do people have chickens. Timothy Boyle, 8243 Needham Avenue NE, said layer chickens last 3 to 5 years. Commissioner Fallon agreed that $200.00 is too high of a permit fee. Planning Commission Meeting at October 17, 2005. Page 4. Commissioner Hackman commented of keeping and adding similar birds, but no water birds. Councilmember Heidner said it probably should state the types and look into the fee and bring it back to the Planning Commission again. 4. Any other Planning Commission Business. 4.1. Update on City Council actions by Councilmember Heidner. Councilmember Heidner updated the Commission on recent Council actions. 4.2. Update on future Planning Commission Agenda Items by Judy Hudson. Judy Hudson updated the Commission regarding the future agenda. 5. Adjournment by 9 PM Commissioner Black motioned to adjourn. Seconded by Commissioner Fallon. All in favor. Motion carried. Meeting adjourned at 9:18 PM. Richard Nichols, Chair Attest: Karee Rowell, Deputy Clerk